Michael O'Brien, reportedly a good friend of Attorney-General, Greg Smith, has been appointed as a magistrate.Source: News Limited

ATTORNEY-General Greg Smith is at the centre of a new O'Farrell government "jobs for the boys" affair after handing a $288,000-a-year magistrate's job to the president of his local Liberal Party branch.

Solicitor Michael O'Brien joined the Epping branch of the Liberal Party in March, 2012 ,and was president of the branch with Mr Smith's backing for eight months before last week resigning from the party at the time of his appointment to the bench.

Mr O'Brien is understood to be personal friends with Mr Smith. His office is one floor above Mr Smith's Epping electorate office and they attend the same church - St Gerard's at Carlingford.

NSW Attorney General Greg Smith.Source: DailyTelegraph

Mr Smith announced the appointment of Mr O'Brien as a local court and industrial magistrate by press release last week with the headline "Suburban Solicitor becomes Magistrate" - without declaring any connection between the pair.

A spokeswoman for Mr Smith said Mr O'Brien "applied for the position of his own initiative and was selected by an independent selection panel which chooses candidates on their merits".

"The appointment was confirmed by Cabinet and the proper cabinet process was followed." Pressed further, the spokeswoman said: "Cabinet was aware of the candidate's background."

But the spokeswoman did not confirm if Mr Smith had exempted himself from cabinet discussions on the appointment.

Declned to comment: NSW Premier Barry O'Farrell.Source: News Limited

The appointment comes after the Premier sacked former finance minister Greg Pearce for failing to declare to Cabinet that he had recommended his wife's boss for a position on the board of Sydney Water.

This came after a series of questionable appointments by Mr Pearce, including appointing the vice-president of his local Liberal Party branch to three government boards.

At first, when contacted by The Daily Telegraph yesterday, Mr O'Brien denied being a member of the Liberal Party or a branch president.

Asked whether he had been a Liberal member in the past five years, he confirmed he had but declined to comment further. Later, when spoken to at his office, Mr O'Brien confirmed he had been party branch president and had since resigned but said his appointment was based on merit and his "20 years as a practitioner and a member of the local community".

"I don't think it's appropriate as a matter of the judicial process to comment on what (Greg Smith) has declared, it's a question that should be asked of him", Mr O'Brien said. He refused to answer questions about his relationship with Mr Smith.

The appointment comes after Mr Smith, while in opposition in 2008, released a paper alleging "cronyism" and "jobs for the boys" in judicial appointments.

In it he said: "The current system needs overhauling because it is government controlled and leads to political appointments and patronage."

In announcing the appointment last week, Mr Smith described Mr O'Brien as an experienced "all-rounder'' who had worked across all levels of the courtroom.

"After a long established career in private practice, working for several firms as senior solicitor over the past four decades, Mr O'Brien has been a sole practitioner since 2008."

Mr O'Brien's appointment went to Cabinet in December. On December 19, Mr Smith announced two other magistrate appointments - but not Mr O'Brien's.

A spokeswoman for the Me Smith said: "The appointment went to the Governor in January. The appointment was delayed at the request of the magistrate who was a sole practitioner and required time to close up his practice."

Mr O'Brien is scheduled to begin his work as a magistrate on February 10.

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